[Solved] ex is moving & wont tell me where & when!

Hi Stuntnuts
your situation seems almost identical to my own twelve months ago. I know you don't have the finance to go down the legal route but i did end up going down that route. because my ex was moving my child away from her home and family the judge favored me and i now have custody. The first thing my solicitor did was put a prohibited steps order in place this prevented her from moving my daughter away. Then we had the custody hearing. With a situation like yours legal advise is essential at this time before its too late all the best mate

Cheers

Do you know if there is a law stating that the parent who has custody of the child has to legally inform the other parent
where they are living ?

Not 100% certain but i believe its the case if you have parental responsibility.

I'm not sure if that's the case, certainly to an exact address. However, I'll ask the CCLC if they can give some advice on this.

Dear Stuntnuts

Thank you for your e-mail.

It is firstly important to establish whether you have Parental Responsibility for your child.

You would have this if:

• You were married to the mother;
• You are named on the birth certificate and child was born after 1st December 2003
• If the birth has been re-registered after 1st December 2003.
• If you have a Parental Responsibility agreement with the mother;
• If you have a Parental Responsibility Order from the court;
• If you have a Residence Order from the court

Parental Responsibility is defined in s.3(1) Children Act 1989 as being: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".

Practically Parental Responsibility means that both parties should consult and consent on issues such as schooling, medical issues, change of name, removal from the jurisdiction and other major issues concerning the child.

In terms of knowing the address of where you child is residing, the law in this area is very grey. If you are a holder of Parental Responsibilty you are entitled to know whether your son is moving out of the country, and your consent must be obtained for this, you are also entitled to know where your child attends school and are entitled to all his school reports and to attend parents evenings. You are also entitled to know who his GP is.

If you do not have Parental Responsibility we would strongly recommend that you obtain this. You can obtain Parental Responsibility through the following routes:

• You can negotiate with the mother to obtain Parental Responsibility through an agreement. This form is entitled a PRA1. The form requires both parties consent
• You can re-register the birth certificate. This again would require mother’s consent.
• If mother does not consent you can apply for a Parental Responsibility Order. The form required is a C1.
• You can apply for a Residence Order and will gain Parental Responsibility this way.

The first stage that we would suggest you attempt with your ex partner is mediation. Mediation is used where parties are in disagreement over various issues surrounding the child. It is hoped that the parties will work together in mediation together with a mediator to try and reach an amicable resolution without having to resort to court proceedings. It is important to note that anything agreed in mediation is not legally binding . To arrange mediation please contact National Family Mediation on 0300 4000 636.

We would advise that if mediation does not work, or if the mother is moving imminently that you consider applying to the Court for a Prohibited Steps Order. This Order, if granted will prevent the mother from moving away. The Judge will make their decision on this Order based on the child's best welfare. To apply for this Order you would need to complete a form entitled a C100. This form (and all the forms mentioned) can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee of £200 for this application. If however you are eligible for a fee exemption you can complete a fee exemption form entitled EX160a. Once you have completed the application form you need to hand it in to your local Family Proceedings Court along with the relevant fee and the Court will then contact you with a hearing date.

If the mother does move before you are able to take any action you are able to apply for a Disclosure of a Child's Whereabouts and a Contact/Residence Order. A Contact Order would be setting out the contact times for you to see your son and a Residence Order would be asking the Courts for you to have your son reside with you. To apply for disclosure of a child's whereabouts the form is a C4 and to apply for a Contact or Residence Order the form required is a C100. The application process is the same as above.

Something that you may want to look at when applying to the Courts is the Welfare Checklist. This is a guide that all Judge’s must follow when deciding whether to grant any of the above mentioned orders.

a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.

Should you require any further legal advice please do not hesitate to contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9am to 6pm.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE